State v. Garnier

TATE, Justice.

The central issue concerns the validity of seizure of certain currency locked in a safe in premises allegedly used for gambling operations. The currency was seized in the execution of a search warrant authorizing search of the premises in connection with suspected illegal gambling operations. The defendants contend that the evidence on the hearings below shows that this currency was not used in gambling operations.

In sustaining a motion to suppress, the trial court ruled that this $10,971.75 in cur-, rency was illegally seized. The court also granted a motion by the alleged…